The statement of claim for divorce in Ukraine

The statement of claim about marriage dissolution in Ukraine

The statement of claim about marriage dissolution in Ukraine

A statement of claim to the court for divorce – sample

A statement of claim for divorce is one of the types of statements that are filed with the court for a divorce.

A sample of such a statement can be found on the Internet. However, the best solution would be to contact a qualified divorce lawyer in order to correctly explain the reasons for the divorce and draw up a statement of claim for divorce in general.

In Ukraine, the regulation of marriage and family relations is carried out on the principles of voluntariness, mutual respect and mutual understanding. Having established the right of one of the spouses to bring a claim for divorce, the state ensures the principle of freedom of marriage and at the same time the principle of freedom of dissolution of marriage.

You can go to court with a claim for divorce in certain cases. Based on the norms of Chapter 11 “Termination of Marriage” of the Family Code of Ukraine, a divorce between spouses who have no minor children from a joint marriage, as well as in the case when one of the spouses opposes the dissolution of marriage, is carried out by filing a statement of claim for divorce in accordance with the rules territorial jurisdiction court.

Often, without consulting a specialist in the field of divorce, spouses file a claim for divorce, not taking into account some moments in which family law restricts the right of one of the spouses to file a claim for divorce.

As a result of such errors, the court can return the statement of claim for divorce back, and your moral and financial costs will be in vain.

Terms for filing a statement of claim for divorce

The court, of course, can leave the claim for divorce without motion to eliminate certain errors, but the main thing is not to miss the deadline established by law for making the appropriate changes.

In the event that the plaintiff misses such a deadline, the statement of claim for divorce is considered not filed at all. In such a situation, it becomes necessary to re-file a claim for divorce.

According to Art. 110 SK of Ukraine, a claim for divorce cannot be brought during the pregnancy of the wife and within one year from the date of birth of the child. This rule is absolutely logical, since the priority direction of state policy in the field of family law is to ensure conditions for the full upbringing of a child, as well as support for the mother during her disability caused by pregnancy.

How to properly draw up and submit a statement of claim for divorce?

However, the same article provides for quite obvious exceptions to this rule. Namely:

  • Cases when one of the spouses has committed an unlawful act containing signs of a criminal offense in relation to the other spouse or child;
  • A statement of claim for divorce can be filed during pregnancy if the paternity of the conceived child is recognized by another person. However, in this case, the court must provide evidence that the other person recognizes the paternity of the conceived child.

Such evidence, first of all, can be a general statement of a woman and a man who were not married to each other, which is submitted before the birth of the child to the state civil registration authority.

  • A statement of claim for divorce can be filed within one year after the birth of the child if paternity is recognized by another person or, by a court decision, the statements about the husband as the father of the child were excluded from the child’s birth record.

The same rules of the Civil Procedure Code of Ukraine are established for a claim for divorce, as for other claims.

A statement of claim for divorce is filed with a court of general jurisdiction, as a rule, at the place of residence of the defendant. However, Part 2 of Art. 110 of the Code of Civil Procedure of Ukraine provides for the possibility of filing a claim for divorce in the court at the place of residence of the plaintiff if he has young or minor children in his custody or he cannot, for health reasons or for other good reason, go to the place of residence of the defendant.

Content of the statement of claim for divorce and child support in court

According to Art. 119 Code of Civil Procedure of Ukraine, the claim is filed in writing and must contain the following elements:

  • name of the court to which the statement of claim for divorce is submitted.
  • surname, name and patronymic of the plaintiff and the defendant, as well as the name of the representative of the plaintiff, if the statement of claim is filed by the representative, their place of residence (stay) or location, zip code, communication numbers, if any.
  • the content of the claims. Here you must indicate when and where the marriage was registered; whether he is the first with the plaintiff filing the application. Be sure to indicate whether there are joint children who have not reached the age of majority, their full name, date of birth.
  • a statement of the circumstances by which the plaintiff substantiates his claims to dissolve the marriage.
  • indication of evidence that confirms each circumstance, the existence of grounds for exemption from proof.
  • a list of documents that are attached to the statement of claim for divorce.

Court fee when filing a statement of claim for divorce

In addition, the requirement to pay a court fee applies to the statement of claim for divorce. The Law of Ukraine “On Court Fees” established the rate for filing a statement of claim of a non-property nature of 0.4 of the subsistence level for able-bodied persons. As of January 1, 2020, the court fee is 840 hryvnia 80 kopecks. Payment of the court fee when filing a statement of claim for divorce is mandatory. In case of non-payment when filing a claim for divorce, the court returns this statement of claim.

The entire divorce process depends on how legally correct the claim for divorce will be drawn up, which can end at the first meeting in your favor, or it can drag on for a long time and be accompanied by constant psychological stress and material losses.

Therefore, in order to preserve your nerves and financial resources, entrust a divorce specialist at the initial stage, since everyone must do their job and be responsible for its result, and an experienced lawyer / attorney for divorce in Ukraine – Alexey Nikolayevich Skriabin will help you with this.

HELPFUL TOOLS:

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